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mHealth: Boon or Bane?
In last month's issue, we elucidated the positive aspects of mHealth (use of mobile devices in a health-care setting) technology. After reviewing the examples of all the benefits mHealth technologies offer, it can be hard to imagine the downside. Yet, without the proper safeguards like the development of institutional policies, staff education and training in risks and prevention, the rapid and widespread adoption of these tools with unbridled enthusiasm carries huge risks for the patient and the provider. The two areas of greatest risk and vulnerability are the security of patient information and new ways in which mHealth may expose physicians to malpractice claims or other tort lawsuits.
Security and Privacy Breaches, and HIPAA
The Health Insurance Portability and Accountability Act (HIPAA), Public Law 104-191, 104th Congress, Aug. 21, 1996, www.hhs.gov/ocr/privacy/hipaa/administrative/statute/index.htm, 45 CFR 160, 162 and 164, passed by Congress in 1996, provides both rights and protections for group health plan members, including a mandate that covered entities keep patient records secure and accessible only to authorized parties. The Health Information Technology for Economic and Clinical Health (HITECH) Act of 2009 extends these protections to the electronic transmission of electronic health information (the security regulations are found at 45 C.F.R. parts 160 and 164, subpart C (Security Rule); the privacy regulations are found at 45 C.F.R parts 160 and 164, subpart E (Privacy Rule)).
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Yachts, Jets, Horses & Hooch: Specialized Commercial Leasing Models
Defining commercial real estate asset class is essentially a property explaining how it identifies — not necessarily what its original intention was or what others think it ought to be. This article discusses, from a general issue-spot and contextual analysis perspective, how lawyers ought to think about specialized leasing formats and the regulatory backdrops that may inform what the documentation needs to contain for compliance purposes.
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The ever-evolving digital marketing landscape, coupled with the industry-wide adoption of programmatic advertising, poses a significant threat to the effectiveness and integrity of digital advertising campaigns. This article explores various risks to digital advertising from pixel stuffing and ad stacking to domain spoofing and bots. It will also explore what should be done to ensure ad fraud protection and improve effectiveness.
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